Copies of File Contents Available on
Compact Disc Partial Waiver of
37 CFR 1.19(b)
The USPTO has proposed changes to 37 CFR 1.19 to permit the sale
of copies of patent applications-as-filed and patent file history on
either paper or CD, regardless of whether the source material is paper
or electronic. See Changes To Support Implementation of the
United States Patent and Trademark Office 21st Century
Strategic Plan, 68 Fed Reg. 53816 (Sept. 12, 2003), 1275
Off. Gaz. Pat. Office 23 (Oct. 7, 2003). The USPTO has
received no comments opposing this proposed change to 37 CFR 1.19.
Thus, until the proposed rule change is made final, the USPTO is
partially waiving 37 CFR 1.19(b)(1), (b)(2) and (b)(3) to permit the
sale of patent applications-as-filed or patent file histories on any
media (e.g., paper or CD) irrespective of whether the source
material is from CDs, IFW electronic storage or paper.
WAIVER:
37 CFR 1.19(b)(1) and (b)(2) are waived to the extent that they
require the source material of the patent application as filed or the
patent-related file wrapper contents to be on paper. Removing this
limitation permits the Office to supply copies from the USPTO files
irrespective of whether the source material is paper, IFW or other
media.
37 CFR 1.19 (b)(3) is waived to the extent that the source
material must have been submitted on compact disc. With this waiver the
Office may provide copies of application records on one or more compact
disc(s) (CDs) regardless of the media on which those records were
submitted to the Office.
FOR FURTHER INFORMATION CONTACT:
Questions concerning this waiver may be submitted to Jay Lucas by
e-mail at Jay.Lucas@uspto.gov or by telephone at (703) 308-6868.
December 18, 2003 STEPHEN G. KUNIN
Deputy Commissioner for
Patent Examination Policy